Second National Bank v. Curren
Supreme Court of Iowa
Apjpeal from Winneshiek Dist/riot Court. Action upon two drafts, one dated April 5, 1871; the other, May 30, 1871, drawn by Chase & Co., of Louisville, Ky., and accepted by defendant at Decorah, Iowa; both were indorsed to plaintiff by the drawers, to whose order they were payable.
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Apjpeal from Winneshiek Dist/riot Court. Action upon two drafts, one dated April 5, 1871; the other, May 30, 1871, drawn by Chase & Co., of Louisville, Ky., and accepted by defendant at Decorah, Iowa; both were indorsed to plaintiff by the drawers, to whose order they were payable. The defense to the action is, that the paper sued on was given for the purchase of intoxicating liquors, to be sold in this State in violation of law, of which purpose and the law of the State forbidding the sale, the seller of the liquors was informed at the time; and that the liquors were sold in this State in…
1Opinion of the Court
Beck, Ch. J.
liquors : contracts for. — I. We will first consider the points made upon plaintiffs’ appeal. It very conclusively appears from the evidence before us that the liquor for which the first draft was given, was obtained by de0 , ., , ° , ' tendant through a negotiation with an agent of Chase & Co., made in Decorah, and that it was sent upon an order given to such agent there. Whether the transaction with the agent amounted to an absolute sale, or was simply an order subject to the approval of Chase & Co., does not clearly appear from the evidence before us, all of which, however, is…
2Cases cited3 opinions
- Tegler & Co. v. ShipmanSupreme Court of Iowa · 1871
- Whitlock v. Workman & Co.Supreme Court of Iowa · 1863
- Thorp v. CraigSupreme Court of Iowa · 1860
3Cited by11 opinions
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
- Frankel v. HillierNorth Dakota Supreme Court · 1907
- Harrington v. FeddersenSupreme Court of Iowa · 1929
- Shuenfeldt v. JunkermannU.S. Circuit Court for the District of Northern Iowa · 1884
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